TN Mom Files Similac NEC Lawsuit Over Months-Long NICU Stay

A Tennessee mother has taken legal action against Abbott Laboratories, the manufacturer of Similac infant formula, alleging that their product directly contributed to her child’s severe and lasting necrotizing enterocolitis injuries. Maddolyn White’s complaint, filed in the U.S. District Court for the Northern District of Illinois on August 1, 2024, documents a devastating experience with NEC that no parent should ever have to endure. 

Details of the Similac NEC Lawsuit

According to Maddolyn White’s complaint, her child, identified as S.H.W., was born prematurely in January 2012. Shortly after birth, hospital staff began feeding the infant Similac, a cow’s milk-based formula, and within days, the child developed a devastating condition known as necrotizing enterocolitis (NEC). White’s lawsuit states that the child’s NEC diagnosis resulted in two emergency surgeries and a prolonged stay of over three months in the Newborn Intensive Care Unit (NICU) at Vanderbilt Hospital in Nashville, Tennessee.

The Devastating Impact of Necrotizing Enterocolitis

NEC is a serious and potentially life-threatening condition that primarily affects premature infants. It occurs when harmful bacteria breach the walls of the intestines, causing inflammation and tissue death. The condition often requires emergency surgery to remove the affected portions of the intestines, and many infants do not survive. Those who do survive may face long-term complications, such as intestinal strictures, short-gut syndrome, and developmental delays.

Lack of Adequate Warnings from the Manufacturer

According to White’s lawsuit, she was never informed of the risks associated with feeding Similac to her premature infant. Had she been made aware of the potential for NEC, she claims she would have never allowed the hospital staff to administer the cow’s milk-based formula to her newborn child. The lawsuit alleges that Abbott Laboratories, the manufacturer of Similac, failed to provide adequate warnings to healthcare providers and families about the elevated risk of NEC in premature infants who consume their product.

The Growing Number of Similac and Enfamil Lawsuits

White’s lawsuit is just one of more than 1,000 Similac lawsuits and Enfamil lawsuits currently pending in both federal and state courts nationwide. These product liability lawsuits all raise similar allegations, claiming that the manufacturers of these cow’s milk-based infant formulas knew or should have known about the risks associated with their products, but provided false and misleading information for years about the risks compared to the use of human breast milk.

The outcome of these lawsuits is being closely monitored, as they may have significant implications for families affected by NEC. In August 2024, a St. Louis jury ordered Abbott Laboratories to pay $495 million to an Illinois woman whose newborn daughter suffered brain damage allegedly caused by Similac NEC side effects. This trial was considered a “bellwether,” meaning it was expected to provide insights into how juries may respond to the evidence and testimony presented throughout the litigation.

The Federal Infant Formula MDL

The majority of Similac and Enfamil lawsuits are being pursued by U.S. families in the federal court system, where multidistrict litigation (MDL) was established in 2022. This MDL, centralized before U.S. District Judge Rebecca R. Pallmeyer in the Northern District of Illinois, will coordinate the discovery and pretrial proceedings for these claims. As part of the management of the litigation, Judge Pallmeyer has established a “bellwether” program, where a group of 12 NEC lawsuits will go through claim-specific discovery, and the first federal NEC infant formula lawsuit bellwether trial is expected to begin on May 5, 2025.

Parents Deserve to Know the Potential Risks

The crux of the lawsuits filed against Similac and Enfamil manufacturers is the allegation that they failed to provide adequate warnings about the potential health risks associated with their products, particularly for premature infants. This lack of transparency allegedly deprived parents like Maddolyn White of the opportunity to make informed decisions about their child’s nutrition, potentially leading to devastating consequences. The baby formula NEC lawsuits seek to hold these manufacturers accountable and ensure that parents are fully informed of the potential risks, allowing them to make the best choices for their vulnerable newborns.